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05/20/2011 13:25 8504145749 DBPR OGA PAGE 03

State of Florida

Department of Business and Ptofesslonal Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petrtroner,

vs

2 CHEFS SOUPAREE

Respondent

---------'

Lrcense Number 6019712

Lrcense Type 2010

Case Number 2011002763

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ["Petitroner"), fries thrs Adm1nrstratrve Complaint agarnst 2 CHEFS SOUPAREE, ("Respondent"), and says

Petitroner rs the state agency charged wrth regulatrng the operation of public lodgrng estabhshments and publro food servrce establishments, pursuant to Sectron 20 165 and Chapter 509, Florrda Statutes

1. Respondent rs, and has been at all trmes material hereto, licensed by or subject to the Jurrsd1ctron of the DIvIsron of Hotels and Restaurants The respondent's business address of record Is 6338 LANTANA RD STE 60, LANTANA, FLORIDA 33462 The marlrng address of record rs 2 CHEFS SOUPAREE, at 6338 LANTANA RD STE 60, LANTANA, FLORIDA 33463

2. Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed vrolatIons of the provrsrons of Chapter 509, Florrda Statutes, and I or the rules promulgated thereto governing operation of the establishment The vrolalron(s) found and applicable law are described rn Exhrbrt "A,"

attached hereto and rnoorporated herern by reference Inspection documents are attached as Exhrb1t "8",

incorporated herern by reference

WHEREFORE, Petrtroner respectfully requests entry of an Order rmposrng one er more of the following penalties admrmstratrve frne not ta exceed $1,000 per offense, suspension, revocation, or refusal of a lrcense issued pursuant to thrs Chapter, and/or any other relref authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto

Srgned January 24, 2011

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487058

Ken Buck, Drstrrct Manager

By delegation of the Drrector, or desrgnee Drvrsron of Hotels & Restaurants

Department of Business & Professional Regulation

Department of Business & Professronal Regulation

1940 North Monroe Street Tallahassee, Florrda 32399-2202

Certificate of Service

BY CERTIFIED U.S. IV/AK, ARTICLE NUMBER:                                    

I HEREBY CERTIFY that a true and correct copy of the foregorng ADMINISTRATIVE COMPLAINT has be,;,n

hand served by me on this     

Inspector's Signature Trtle

day of                                                       ,2011

Received by                                Operator's Signature

Ca,e Number 2011002763 Fri• Number 199531

License Number 8019712 2010

2 CHEFS SOUPAREE

D1!:tr1et Number 02

Form revised 10 04 10

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05/20/2011 13:25 8504145749 DBPR OGA PAGE 04

Exh1b1t A

License Number 6019712

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2011002763

"FC" as mted herein references spec1!1c provrs1ons of the Food Code, Recommehdat1ons of the United States Public Health Service, Food and Drug Adm1n1stration. incorporated by Chapter 61C, Florida Administrative Code "NFPA" as cited herein references spec1f1c prov1s1ons of the National Fire Protection Assoc1:,,t1on Life Safety Code, incorporated by reference at Chapter 4A-3. "Fire Prevention. Gener,;,/ Prov1s1ons", Florida Admm1strat1ve Code, and 61C-1 004(5), Florida Adm1nistrat1ve Code

"•" denotes a cnt1cal v10/at1on

It 1s alleged that on March 15, 2010, May 17, 2010, December 14. 2010 the licensee was m v1olat1on of Florida Statute 509(FS) and/or the Rules of the D1v1s1on of Hotels and Restaurants, Flonda Adm1n1strat1ve Code (FAC), In the follow,ng particulars Copy(s) of the report(s) for the above referenced insp ct1on(s) are attached hereto and incorporated by reference as Exh1b1t B

" 1 02·06-1 3-50117(F) FC (F) A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD INGREDIENT OR A PORTION OF A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD THAT IS SUBSEQUENTLY COMBINED WITH ADDITIONAL INGREDIENTS OR PORTIONS OF FOOD SHALL RETAIN THE DATE MARKING OF THE EARLIEST-PREPARED OR FIRST­ PREPARED INGREDIENT

OBSERVED COMBINED READY-TO-EAT POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24

HOURS NOT DATE MARKED ACCORDING TO EARLIEST DATE OF OPENING/PREPARATION: ALL POTENTIALLY HAZARDOUS FOOD IN WALKIN.

• 2 09-04-1 3-30111(8) FC (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED. READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE. SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT

OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND

ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT: KITCHEN STAFF HANDLING OF READY-TO-EAT FOODS.

3 37-14-1 61C-1 004(6) FAC (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS OBSERVED CEILING IN DISREPAIR: STAINED ANO WATER DAMAGED ABOVE SLICER.

Case Number 2011002763 F11e Numbl:':r 1995:31

License Number 6019712 2010

2 CflEFS SOUPAREE

D1Sl(ICl Number 02

Form rev1s d 10 04 10

Docket for Case No: 11-003128